Jones v. Jones
California Supreme Court
Appeal from the District Court of the Fifth District, San Joaquin County. This was an action to recover of the defendant the balance due upon an account stated, for goods sold and delivered, and for money paid, laid out and expended by plaintiff for defendant. The defendant’s answer denied all the allegations of -«lie complaint, and also set up a counter claim, in several counts, for a sum largely in excess of the plaintiff’s demand.
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Appeal from the District Court of the Fifth District, San Joaquin County. This was an action to recover of the defendant the balance due upon an account stated, for goods sold and delivered, and for money paid, laid out and expended by plaintiff for defendant. The defendant’s answer denied all the allegations of -«lie complaint, and also set up a counter claim, in several counts, for a sum largely in excess of the plaintiff’s demand. The plaintiff failed to file a replication, or answer, to any of the matters set up in the defendant’s answer. The other facts in the case are stated in the…
1Opinion of the CourtCrockett, J.
The answer of the defendant, so far as it set up a set-off and counter claim, and prayed for a judgment against the plaintiff for the amount alleged to be due, was not a cross-complaint within the meaning of Sections 38, 46, 50, 65, of the Practice Act, and, therefore, was not required to be answered by the plaintiff. This precise point, in a case strictly analogous) was decided in Herold v. Smith (34 Cal. 122), and we see no reason to disturb the ruling in that case. There was, therefore, no error in refusing to enter a default against the plaintiff for want of an answer; and no .injury…
2Cases cited1 opinion
- Herold v. SmithCalifornia Supreme Court · 1867
3Cited by11 opinions
- Harloe v. LambieCalifornia Supreme Court · 1901
- Kessinger v. Organic Fertilizers, Inc.California Court of Appeal · 1957
- Estate of ClausseniusCalifornia Court of Appeal · 1950
- Press Publishing Co. v. Reading News AgencySuperior Court of Pennsylvania · 1910
- Delannoy v. BlondetSupreme Court of Puerto Rico · 1915
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